The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1887-05-30
DAMAGING TESTIMONY
ADDUcEDi AT the MURDER TRIAL
At New, Mnrtinsville saturday-Tho Mother
& Of tho Murdered Sian on tho Stand -ssv. 7
ernl Witnesses Testify Tint Newman
K Threatened to \ KIl baxter.


heard a bell, and como person hallowing
terribly, SO jumped ous Of bed and ran
out to ses what was tao matter, l then
dressed, got on my horse and went to
Baxter's. I there found Jacob R, Baxter
lying across his door step dead. was
there next morning. I saw the apple tree
and the mark Of the gun stock near tho
apple tree. This marx was about ono foo.
from the tree. 1. had been protected by
pilipg stones around II so as to prevent ita
oblitera.ton by tramping. followed l the
tracks from tho tree 10 the first fence.
was crippled aud told the others to follow
on. did not aes John NJ. Newman there
until he was brought there by tho officer.
! saw the gun stock fitted In tho mark on
the ground ut the tres.
G Gross examined: There sppoared 10 be
big, heavy headed nails in the shoe that
made the track at the treB. The track
went in the direction OF John n. Now.
mans from the apple tree. | saw only
one plain imprint Of q gun at the tree.
There was stone pen built around the
imprint when got there. don't know
who put 1t thers. think the imprint
was about one inch wide, one inch deep
at the deepest. 1t Was also about two aud
one-hall inches long. There was abons a
dozen people at Baxter's when yot there.
By the middle OF the day OF October
there were over one hundred people there.
| saw the bullet lit in the gun. II fis the
rifles OF the gun. THE witness here took
the ball and explained and showed how
the ball was fitted In the gun by the
coroner's j1ry. The jlry then we're
asked to inspect the gIn with the bail
fitted in the muzzle. The butt end Of the
ball-that portion OF 1t not .ttered-dt in
the gun The gun is breech. loading u.
S. Inusket, Of the pattern Of 1873, calibre
lorty.lvs one-huudredths Of IN inch.
There are three rifle marks on the ball
corresponding to the riiies or grooves in
the gum The witues, ssys lie thinks
that the gun they had at Bax.ers had five
rillss in it, but is not certain.
woolsLEY pA1TER's TESTIMONY.
Woolsley Baxter, aged eleven years,
beiny intsro9atsd says that II aworn in q
court he must tell the truth; thasit he does
not he will 80 the bad place; tnat his ma
told him this before he came here. He
Was then svurl and Raid: l am eisve n
years old. lremember my father. also
remember when my father was killed..
was standing at the window when heard
the Hhot. 1t wes the window where the
Notwithstanding Vas taken out. heard
two shots and then ven. to the door; cav
my pspa's body lying on the door step.
| climbed over his body and went and
rang the ball. The ball cord broke and
tied 1t again. My papa had been at New
MaItinsyilIe at court on tho Saturday be-
fore he WAS shot. l was out in the field
where papa waa plowing for wheat. jack
O'Seill also helped him plow that field.
One afternoon papa vent to the mill and
Jack O'Seill and / wers in tns field.
wns digging out GONE locust sprouts. This
Was about two weeks before my pspa's
death. SOW msn in the edge OF the
woods along that field. The witness was
then asked il hD knew who that man wac.
Col. Arne,t obi acted to this queatiou on
the ground that John NJ. Newman could
not bs pu: upon his explanation Of al his
previous life.
A WITNESS WITHDRAWN.
Capt. Doyener replied that this WAS only
one oil the many unsuccessful attempts Of
the prisoner upon Baxter's life, finally euc.
cessful on the night Of October 3, 1885.
The Court indicated that the question
was not proper, but gave Capt. Doyener
time to produce other authority on this
question. The witness wss Withdrawn
until then.
Thomas Howell said he did not know
John NJ. Newman. Captain Doyener
then asked the witness, "did you ever aee
this man before" pointing 10 John III.
Newman. Col. Arnett objected, and the
Court sustained tha objection. Witness
bad q conversation last fall sbont the kill
ing Of Jacob r. Baxter. don't believe
could point him out now, but met man
on Proctor. had been down there with
a wagon load Of hoops. l met uau in
the road who had gun and I asked him
how ne would trade 1t for one OF my
horses. ! was before the grand jury when
this indictment Taa found. | saw this
man (mtaniDe the prisoner), or believe
1t was him, in the iuil here, but an no,
certain that he is the came mgn cav OIL
Proctor. don't believe he ia quite SO
tall HH the man ! s8H on Proctor.
This witness had given an entirely dif.
ferent statsmen. OF this matter before the
grand jury when the indictment was
found. He then said THAT no had me,
John Newman on Proctor with a gun Last
May or Jane and he asked him about
trading horsea; also esked him wha. be
would take for bis gun, when Newman
esid he would not sell or trade II as he
wanted it to kill Jake Baxter"
INTENDED TO KILL HIN.
ISasc Mics said: 81 live in Marshall
county, W. Va; | know John NJ. New,
man when see him. have known him
by sight for ten or fifteen years. mel
John Newman in 1885. About a year OIL
n little over l he'd conversation with
him about Baxter. met him on Proctor
between John r. Nuxum's md Marion
Moore's. When we met he gAid, 'how dc
YOU do, Mr.. Nice He asked ine where
! lived, talked about my horse and Rbuu
tho frFa he had had with bis nei2hbors
He Bhth he blamed Jacob 4. Baker fol
burning their barn and that ho intended
to kill Jacob Baxter the first chance he
got."
Cross.examlned: only know John NJ
Newman H.ightly, but know him when
gee him. This convernation was In tbs
Isll Of 1885. say that Sohn NJ. Newman
voluntarily told me that he waa going tc
kill Baxter. IIs was talking about The
trouble with his noighborl. lie wac talk
ing Rbont my horBo having thu ring bon,
and from that he commenced to talL
about the trDuble hn van having with hii
neighbors, "1ud wn blame Jacob X Btxts
for burning our barn, and that John Hnfp,
blamed him for burning bis wheat sacks
(The barn had been burned Boins usyen
teen yearH bciorl ! l!rst told ,his ntory q
Mr.. Heron Montgomery b last fall e!IortlJ
after Mr.. Bax'er'e death.
Re.examined: This Mr.. Heron Mont
gomcry lives OIL run near Nswdale.
tOld this tho evening Baxter SRa buried
PIf.nbatb naytnr. am tho ,p pnthnr n